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Defaulting subscriber for failure to procure insurance / K&K annual party announcement
October 29, 2019
Party time:
K&K’s annual holiday party will be on December 5, 2019 at Pine Hollow Country Club in East Norwich, NY from 6:30 to 10 PM.  Casual Attire.  Space is limited so please RSVP by November 18, 2019 by emailing our office manager Amy at  
Subscriber in default for failing to comply with insurance procurement provision
            Your contract, if you use the Standard Form Agreements, has an insurance procurement clause.  This provision requires your subscriber to obtain insurance and name you as an additional insured.
            The procurement clause serves at least two purposes.
            1.  Elsewhere in the contract the subscriber agrees to indemnify you.  The insurance will ensure that the indemnity is backed by insurance coverage.
            2.  If you are named as an additional insured the subscribers carrier will not be able to pursue a claim// against you for subrogation.  An insurer cannot sue its own insured for reimbursement on a cover claim.
            The insurance procurement clause is one of the more challenged provisions, and one that you may have to give up.  You should resist waiving it and if other protective provisions are also challenged you need to be sure that you retain enough protection in the contract so that your liability risk is not unreasonably increased.
            I get a call now and then asking if an alarm company can terminate a subscriber during the term of the contract for no reason other than the subscriber is bothersome.  One way out of the contract without you being in default is to ask for the insurance policy required by the contract.  Most subscribers don't object to the insurance procurement provision, but unfortunately, most don't bother to get the insurance.  The subscriber's failure to carrier the insurance and name you as an additional insured is an incurable breach of contract.  The breach can't be cured because the insured won't be able to get you named retroactively.  Prospective insurance cannot retrospectively cure the default.  This breach by the subscriber will enable you to treat the subscriber in default, just as if payment was not made, and you will be able to invoke the remedies in the Legal Action paragraph to recover the balance of the contract.
            Let K&K's collection department know if we can help.  If you have our Standard Form Agreements contact our head paralegal Ella Reyynolds at 516 747 6700 x 321 or email her at ereynolds  If you don't have our Standard Form Agreements, or if they are not updated [they should have the arbitration clause] then call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 or email, or go on-line and order your up to date contracts

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301